Notice2023-19041
Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain polyester staple fiber (PSF) from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.
Full Text
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<title>Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)</title>
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[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60641-60642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19041]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-905]
Certain Polyester Staple Fiber From the People's Republic of
China: Continuation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on certain polyester
staple fiber (PSF) from the People's Republic of China (China) would
likely lead to a continuation or recurrence of dumping and material
injury to an industry in the United States, Commerce is publishing a
notice of continuation of the AD order.
DATES: Applicable August 29, 2023.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2007, Commerce published in the Federal Register the AD
order on PSF from China.\1\ On March 1, 2023, the ITC instituted,\2\
and Commerce initiated,\3\ the third sunset review of the Order,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). As a result of its review, Commerce determined that revocation of
the Order would likely lead to continuation or recurrence of dumping,
and, therefore, notified the ITC of the magnitude of the margins of
dumping likely to prevail should the Order be revoked.\4\
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\1\ See Notice of Antidumping Duty Order: Certain Polyester
Staple Fiber from the People's Republic of China, 72 FR 30545 (June
1, 2007) (Order).
\2\ See Certain Polyester Staple Fiber from China; Institution
of a Five-Year Review, 88 FR 12987 (March 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915
(March 1, 2023).
\4\ See Certain Polyester Staple Fiber from the People's
Republic of China: Final Results of the Expedited Third Sunset
Review of the Antidumping Duty Order, 88 FR 37851 (June 9, 2023).
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[[Page 60642]]
On August 29, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Order
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Certain Polyester Staple Fiber from China, 88 FR 59538
(August 29, 2023).
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Scope of the Order
The product covered by the Order is synthetic staple fibers, not
carded, combed or otherwise processed for spinning, of polyesters
measuring 3.3 decitex (3 denier, inclusive) or more in diameter. This
merchandise is cut to lengths varying from one inch (25 mm) to five
inches (127 mm). The subject merchandise may be coated, usually with a
silicon or other finish, or not coated. PSF is generally used as
stuffing in sleeping bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
The following products are excluded from the scope: (1) PSF of less
than 3.3 decitex (less than 3 denier) currently classifiable in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheading
5503.20.0025 and known to the industry as PSF for spinning and
generally used in woven and knit applications to produce textile and
apparel products; (2) PSF of 10 to 18 denier that are cut to lengths of
6 to 8 inches and that are generally used in the manufacture of
carpeting; and (3) low-melt PSF defined as a bi-component fiber with an
outer, non-polyester sheath that melts at a significantly lower
temperature than its inner polyester core (classified at HTSUS
5503.20.0015).
Certain PSF is classifiable under the HTSUS subheadings
5503.20.0045 and 5503.20.0065. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise under the Order is dispositive.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or a
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the Order. U.S. Customs and
Border Protection will continue to collect AD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Order will be August
29, 2023. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Order not later than 30 days prior to the fifth anniversary of
the date of the last determination by the Commission.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return, destruction, or conversion to judicial
protective order of proprietary information disclosed under APO in
accordance with 19 CFR 351.305(a)(3). Timely written notification of
the return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply is a violation
of the APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act and published in accordance
with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19041 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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